printThe problem with the Commonwealth of Virgina’s pleasing legal victory in challenging the constitutionality of Obama’s “healthscare” is this: The individual mandate and much of the health care bill may be manifestly violative, but most of the limits the Constitution placed on the federales (and the courts themselves) are no longer upheld by the courts (or by Congress, that other co-equal branch of government), starting with the Tenth Amendment.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
So, as PBS’s News Hour reported, once again so well (appending as it always does a PDF document of the Decision), “Federal judge Henry Hudson ruled Monday afternoon that a major provision of the health care reform law is unconstitutional. In his decision, the judge sided with Virginia Attorney General Ken Cuccinelli, who argued that the Congress does not have the authority to require Americans to purchase health insurance. ‘The Minimum Essential Coverage Provision is neither within the letter nor the spirit of the Constitution,’ Judge Hudson wrote.”
But along could come the Supreme Court Justices and nullify the health-care preferences of the people of Virginia. That’s because the framers’ constitutional dispensation is now nothing but a sad joke. The Appellate Court could beat the SCOTUS to it.
The Republican party needs to light a fire under this deal and start right away trying to completely undo Obamacare. Don’t play games trying to placate this lobbyist or that. Don’t play games trying to maneuver to get some committee chairmanship. Don’t play games trying to do anything else. Just get rid of it. It’s going to be tough enough as it is so time is important. That’s why the people elected them. If the Republicans do their usual and try to play Washington politics with the Democrats, who are normally smarter, the whole deal will go down the tubes and the Democrats will be back in power in 2012 never to be dislodged. The voters will never trust the Republicans again.
James, unfortunately voters in this country have exceedingly short memories. One would think that the 1994 Republican “revolution” would have disabused voters of the GOP’s ability to keep its promises. Or of their willingness to jettison any last vestige of principle during the Bush Jr. years of reckless spending, endless wars, and various vote-buying schemes.
I don’t think I’m going out on a limb in predicting that the Republicans will revert to form and lay an egg over the next two years.
Of course, the same voters that got duped into voting for these frauds will naturally turn to the Democrats for salvation, a party that has given us trillion dollar deficits and continued every outrageous policy of the Bush years.
It is time to admit that the political system in this country is in shambles. Both parties are hopelessly corrupt, inept, and beyond redemption.
Already, the judicial and executive branches have usurped legislative abilities (case law, and executive orders respectively) without so much as a squeak from congress.
@ James – please don’t forget, the Republicans tried to do their own little hellcare package under bush…hoping the Republicans will save us from the Democrats is like hoping that the wolves will save you from the lions. some interesting reading
If the republicans were inclined to do the right thing, there would be no tea party.
James: If the voters don’t try to undo Obamacare (Democratic Romneycare) “the voters will never trust the Republicans again”! HA! Like the Republicans who passed the American Dream Downpayment Act, Americans with Disabilities Act, Departments of HEW / Homeland Security / Veterans Affairs, Undeclared Wars in Panama / Afghanistan / Iraq / Somalia / Lebanon / Grenada / Cambodia, DEA, OSHA, EPA, TSA, DNI, Wage & Price Controls, Interstate Highway System, 21-year-old national drinking age, TARP, Prescription Drug Benefit, Auto Bailout, Auto Import Quotas, Immigration Act of 1990, Leave No Child Behind, Affirmative Action “Philadelphia Plan”, Patriot Act, Social Security Disability, Federal Aid to Education, Freddie Mac, Sallie Mae, Alan Greenspan, Ben Bernanke, 1986 Immigration Amnesty, Faith-based Initiatives – all during my lifetime. Some did a little good but most did a lot bad and all increased government.
The voters (FOOLS!) support the “let’s increase the debt by a trillion dollars compromise” of tax cuts, tax holidays, benefits extensions, stimulus payments by 3:1 while simultaneously favoring a “balanced budget amendment” and opposing spending cuts.
The time is fast approaching – indeed it’s already here – when our focus needs to be on our local and state governments. They may be corrupt too, but they’re easier to keep accountable and influence than distant DC. It’ll be from our local and state governments whence all challenges to the myriad atrocities emanating from our imperial capital will be mounted anyway.
Gee fellas, after reading your responses I am ready to take arsenic and get under my desk, assume the fetal position, suck my thumb and expire. The only thing is you are right. I think all of you have voiced opinions that I have in the past. Maybe Bob has the solution. The Tea Party. If the Republicans revert to form maybe it’s the only answer. Of course a third party is a ral long shot. Like a 300 pound ballerina in a 100 meter dash.
I will try and read the decision attached to the PBS site later today. However, it is interesting that this decision would be made in a Virginia court, given the inpact that the founders from Virginia had on the constitution and the initial direction of our nation. I know this does not appeal to ration and reason but, could it be a sign?
As a “depressed optimist” I’m ever hopeful. Realistically we as a people must become vigilant in holding our leaders feet to the fire wherever possible. As a people we must re-learn and re-apply the principles of natural law, the contract of the civil society, and reason to the awful healthcare legislation in particular, to governance, and the culture in general. Maintaining freedom and liberty is neither cheap nor easy.